If on probation can you be pulled over for no reason in MI?

[chicagogirl]

State I'm asking about is Michigan.
My boyfriend had his second DUI not long ago. The first one was years and years ago. This time they put him on probation. My question is this. They revoked his license, and he did the whole work release program. He is completely clean in every other way, just had too much to drink and was the "least drunk" of all of his friends that night (NOT AN EXCUSE!). But...about a month ago he was driving to the store for work (has his own business) and a cop ran his plates for no reason, found out the owner's license was revoked and pulled him over. The cop let him go and told him "don't worry, i'm not going to take you in." He was NOT issued a ticket of any kind, just let go. Last Friday he gets a letter in the mail saying that he has to go in to be fingerprinted to "expedite booking" becuase the cop wrote him up anyway, and his driving was a violation of probation. Mind you my boyfriend NEVER got a ticket, and the cop let him go and he never heard anything of it. My questions are: 1. Can a cop run your plates for NO reason? 2. Can a copy give you a violation without giving you a ticket? 3. Any idea what expedite booking would possibly mean? ANy help would be greatly appreciated! we are trying to figure out if he needs to contact a lawyer....

 

[justalayman]

;1714246] 1. Can a cop run your plates for NO reason?

not truly but there are way too many reason they can run it to actually fight such activity

2. Can a copy give you a violation without giving you a ticket?

actually don;t know why he let him drive away. He shouldn't have. Yes, he can institue charges later.

3. Any idea what expedite booking would possibly mean?

Not sure. I would think it is a process where he turns himself in and they book him and hopefully he is released OR.

ANy help would be greatly appreciated!

tell the BF to stop breaking the law

we are trying to figure out if he needs to contact a lawyer...

wouldn;t be a bad idea. I believe he is promised a few nights in jail though. The laws may have changed over the years but it used to be mandatory time for driving with a suspended license. (it was something like 3 or 4 days only)

 

[quincy]

If he was driving on a revoked license in Michigan, and this is his first offense, he can face up to 93 days in jail plus $500 fine and court costs. Driving on a revoked license is a misdemeanor.

A restricted license means there are certain terms and conditions under which someone can drive, and a suspended license means tha driving privileges are taken away for a period of time, but a revoked license means that all driving privileges have been lost.

A license in Michigan is automatically restricted, suspended or revoked for drunk driving offenses and the driver is put on probation.

A booking means to bring your boyfriend in to be fingerprinted, get all the information on him and the alleged offense, along with the name of the arresting officer, and so on, so that a date can be set for arraignment. To expedite would mean to try to get an early date for an arraignment, where he will hear the charges against him and he will enter a plea.

As for running plates, I know that around here, if you are stopped in traffic for a long time and a police officer is behind you, he will check out your plate - to make sure your tabs are up-to-date, your brake lights are working, etc. I guess if there is a really long wait, such as for a train to pass, and he finds a minor violation or has nothing better to do, he may run the plates.

 

[chicagogirl]

Thanks

Thanks so much for all the info...i'll pass it on to him....
i had always thought it was illegal to just run your plates for no reason....sort of like that being an invasion of privacy, but i didn't know....

to me, the whole thing of getting pulled over and the cop letting you go but still giving you a ticket is scary! I mean to me, how is that possible? Next time you know it, you're getting a letter to come in an be booked...WHOA....it would appear to me that cop would have way too much power. What is to keep him from accusing you of something even worse...if they don't have to give you a ticket...you can't even defend yourself!

But thanks so much for all the info! I really appreciate it!

 

[quincy]

Actually, the police officer probably did your boyfriend a favor - he could have arrested him on the spot for driving on a revoked license, and your boyfriend would then have had his car towed and he would have missed work. Sending the notice allowed your boyfriend to make arrangements to be away from work, and he doesn't have to worry about towed-car and impound fees.

I am always surprised to hear that an officer doesn't issue a ticket on the spot, but I guess it is more common than I ever believed. Usually, however, I imagine when a person is pulled over, they KNOW they are not just going to get off with a "Have a Nice Day" and nothing more. They should probably expect notice in the mail to follow their stop.

 

[chicagogirl]

thanks again~!

Hey Quincy,
Thanks again for the insightful information....you are right....i didn't think about that aspect of it...doing him a favor in that way.

 

[Ozark_Sophist]

I don't see that a citation was issued--just a violation for his probation.

 

[CdwJava]

Thanks so much for all the info...i'll pass it on to him....
i had always thought it was illegal to just run your plates for no reason....sort of like that being an invasion of privacy, but i didn't know....

No. The police can run your plates for almost ANY reason. The only time they can NOT run them is if they are doing so for personal gain or for something other than official purposes (like trying to find out your address so they can date you, getting info for a friend, etc.).

to me, the whole thing of getting pulled over and the cop letting you go but still giving you a ticket is scary! I mean to me, how is that possible? Next time you know it, you're getting a letter to come in an be booked...WHOA....it would appear to me that cop would have way too much power.

If I had to guess, I'd say that either the cop later found out he was on probation so he decided to write it up, or, the probation officer found out and asked the officer to pursue it.

Of course, maybe his supervisor found out he stopped an unlicensed driver on probation and reamed his officer a new tailpipe thus encouraging the charge.

What is to keep him from accusing you of something even worse...if they don't have to give you a ticket...you can't even defend yourself!

You go to court.

A corrupt cop would be able to charge you with anything - whether he stopped you or not. However, the case always has to be proven in court beyond a reasonable doubt. In this case he WAS driving without a license and he WAS stopped. I don't know why the officer didn't deal with it there, but it is not unlawful to file it "long form" later on.

- Carl

 

[BigMistakeFl]

BigMistakeFl

There was a reason why the cop ran the plates, you just don't know what that reason was.

Your BF is breaking the law and knowingly violated his probation.

 

[chicagogirl]

thanks

Yeah, i assume it is because he lives in a really teeny tiny town and the chances of them seeing his car is pretty high. Unfortunately, how do you work so you can live and not drive, especially in the country where everything is miles away. He knows he shouldn't drive and hates it, but then on the other hand has no choice, so he takes his chances. He did the crime, has to pay the time, and understands this and blames no one but himself...but how do people do it and still keep their jobs?

 

[quincy]

Walking to work, biking to work, buses, car pooling, friends.....Michigan does not have, in any real sense of the word, mass transportation, so those who lose their licenses must make arrangements. But they should probably NOT drive on a suspended or revoked license, however much easier this may seem, because then they might not have a job to get to at all, once their jail time is over and done.

 

[BigMistakeFl]

BigMistakeFl

I do understand and I do feel bad for your man. I've been there too. I personally lost my job over my DUI arrest, and I too live in a teeny town in the country. Getting to anyplace back in civilization was tough. I did not drive because I didn't want to risk blowing my probation. I rode my bike everywhere, in FL heat and humidity. I bummed rides from my wife and teenaged son, and a couple of the drinking buddies who were with me the night I was arrested.

It's punishment, it's supposed to make life miserable. It's still better than other forms of punishment which would also make him unable to get anywhere..... prison really constricts driving priviledges and working.

 

[chicagogirl]

oh yeah

Haha...yeah i'd have to say that prison would put a damper on just about everything....

He does that....bums rides off of friends, anyone.... but you know what it's like. your friends have a job...you have a business to run and something for it has to be done right now...no exceptions.... doesn't help i suppose that i'm 5 hours away...lol

you guys have been great, the advice is great, and you are right...it's punishment... it's meant to not be pleasant. I told him today, it would be nice if they'd just put one of those things in your car you have to blow into. that way you could still be a benefit to society because you'd be able to work and not have to lose your business and rely on the system... and they'd be assured you wouldn't be drinking and driving.....

 

[BigMistakeFl]

BigMistakeFl

They do install interlock devices in many circumstances. Your BF though is in the middle of his penalty phase. That part is supposed to hurt, to punish, to prevent us from ever repeating the crime. He'll get through it, but it's not easy.

 

[chicagogirl]

yeah

yeah true... it is supposed to hurt...change your behavior.... i hope it works!